Wyoming Self-Defense - Assault

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Multi-State
Control #:
US-00890
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Word; 
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Description

Sample Jury Instruction - This sample jury instruction states that the assault was justified on the grounds of self-defense.

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FAQ

Wyoming is a state with stand your ground laws on the books - meaning citizens are legally protected to use deadly force to prevent the commission of a forcible felony that poses a grave threat to themselves or others, even if they have the option to safely retreat.

(b) Aggravated assault and battery is a felony punishable by imprisonment: (i) For not more than ten (10) years for violations of paragraphs (a)(i) through (iv) of this section; (ii) For not less than five (5) years and not more than twenty-five (25) years for violations of paragraph (a)(v) of this section.

Assault charges only require a perceived threat of harm or violence on behalf of a victim, ing to WY Stat §6-2-501(a). Even if you never laid a hand on someone or even said you were going to hurt them, if they felt that you were going to hurt them, they could file assault charges against you.

For instance, federal law divides assault into a felony punishable by 10 years imprisonment and a misdemeanor punishable by one-year imprisonment. Similarly, the states divide assault into misdemeanors and felonies. A misdemeanor carries a potential jail term of less than one year.

Wyoming Law Wyoming has enacted a stand your ground law which removes the duty to retreat before using deadly force in self defense when a person is in any place he or she is lawfully present and not engaged in illegal activity, providing that the person is not the initial aggressor.

Wyoming's law classifies assault as a misdemeanor and punishes simple assault convictions with monetary fines. Under the statute, a simple assault occurs where a person attempts to harm another person or cause bodily injury unlawfully. A simple assault charge does not require actual bodily injury.

Can you go to jail for killing someone in self defense? The short answer is yes, you can go to jail for killing someone in self defense. But, if the court finds that your actions were justified, then you will not be convicted of a crime.

An attempt to cause or purposely, knowingly, or recklessly causing bodily injury to another. negligently causing bodily injury to another with a dangerous weapon (assault with a deadly weapon). causing bodily harm by reckless operation of a motor vehicle (vehicular assault). threatening another in a menacing manner.

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Wyoming Self-Defense - Assault